Ballard v EAN Holdings LLC

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Ballard v EAN Holdings LLC 2018 NY Slip Op 32507(U) October 3, 2018 Supreme Court, New York County Docket Number: 152911/2016 Judge: Adam Silvera Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. [*FILED: 1] NEW YORK COUNTY CLERK 10/05/2018 09:29 AM NYSCEF DOC. NO. 33 INDEX NO. 152911/2016 RECEIVED NYSCEF: 10/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: PART IAS MOTION 22 -----------------------------------------------------------------------------------X DAPHNE BALLARD, INDEX NO. 152911/2016 Plaintiff, MOTION DATE -vEAN HOLDINGS LLC, ENTERPRISE HOLDINGS, INC. D/B/A ENTERPRISE RENT-A-CAR, ELRAC, LLC D/B/A ENTERPRISE RENT-A-CAR 09/20/2018 003 MOTION SEQ. NO. DECISION AND ORDER Defendant. AND RELATED ACTIONS -----------------------------------------------------------------------------------X HON. ADAM SILVERA: The following e-filed documents, listed by NYSCEF document number (Motion 003) 25, 26, 27, 28, 29, 30, 31 CONSOLIDATE/JOIN FOR TRIAL were read on this motion to/for Upon the foregoing documents, it is ORDERED that defendants motion for consolidation, by defendants Ean Holdings LLC, Enterprice Holdings, Inc. d/b/a Enterprise Rent-A-Car, and Elrac, LLC d/b/a Enterprise Rent-A-Car, is granted. This court, in a court order dated June 20, 2016, joined Daphne Ballard v EAN Holdings, LLC, Enterprise Holdings, Inc. d/b/a Enterprise RentA-Car and Elrac, LLC d/b/a Enterprise Rent-A-Car under Index Number 152911/2016 (Action No. 1) with Francis Collins v Daphne Ballard, Ean Holdings, LLC and Elrae, LLC d/b/a Enterprise Rent-A-Car under Index Number 150833/2016 (Action No. 2). Defendant now moves to consolidate the above captioned motor vehicle accident matters, with another action, commenced by plaintiff Philadelphia Insurance Company a/s/o The Doe Fund, Inc. against defendants Ean Holdings, LLC and Daphne Ballard as Philadelphia Insurance Company a/s/o The Doe Fund, Inc. v Ean Holdings, LLC and Daphne Ballard under Index Number 14984/2018 (Action No. 3). 152911/2016 BALLARD, DAPHNE vs. EAN HOLDINGS LLC Motion No. 003 1 of 4 Page 1 of4 [*FILED: 2] NEW YORK COUNTY CLERK 10/05/2018 09:29 AM NYSCEF DOC. NO. 33 INDEX NO. 152911/2016 RECEIVED NYSCEF: 10/05/2018 Defendants argue that the three actions arise out of the same accident and have common parties. CPLR §602(a) states that "[w]hen actions involving a common question oflaw or fact are pending before a court, the court, upon motion ... may order the actions consolidated." This action, for personal injuries resulting from a motor vehicle accident which occurred on August 3, 2015, at the intersection of Adam Clayton Powell Jr Boulevard and West 142nct Street in the City, County and State of New York involves the same incident and overlapping injuries as action #3, a property damage claim stemming from damages to a motor vehicle involved in the underlying incident. As there are common facts pending in all three cases, defendants' motion to consolidate is granted to the extent that these actions are joined for discovery and trial. Each action shall maintain separate pleadings, captions, and index numbers, with separate certificates of readiness and notes of issue. Accordingly, it is ORDERED that the motion is granted, and the above-captioned actions are consolidated for joint trial and discovery in this Court with Philadelphia Insurance Company a/s/o The Doe Fund, Inc. v Ean Holdings, LLC and Daphne Ballard Index. Number 14984/2018 and the consolidated actions shall be amended to reflect the following: SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------x DAPHNE BALLARD, Plaintiff, -against- Index No. 152911/2016 Action No. 1 EAN HOLDINGS, LLC, ENTERPRISE HOLDINGS, INC D/B/A ENTERPRISE RENT-A-CAR AND ELRAC, LLC D/B/A ENTERPRISE RENT-A-CAR, Defendants ----------------------------------------------------------------x 152911/2016 BALLARD, DAPHNE vs. EAN HOLDINGS LLC Motion No. 003 2 of 4 Page 2 of 4 [*FILED: 3] NEW YORK COUNTY CLERK 10/05/2018 09:29 AM NYSCEF DOC. NO. 33 INDEX NO. 152911/2016 RECEIVED NYSCEF: 10/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK --------------------------·---------------------------------------x FRANCIS COLLINS, Plaintiff, -against- Index No. 150833/2016 Action No. 2 DAPHNE BALLARD, EAN HOLDINGS, LLC AND ELRAC, LLC D/B/A ENTERPRISE RENT-A-CAR, Defendants ----------------------------------------------------------------x SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -----------------------------------------------------------------x PHILADELPHIA INSURANCE COMPANY A/S/O THE DOE FUND, INC., Plaintiff, -againstIndex No. 14984/2018 Action No. 3 EAN HOLDINGS AND DAPHNE BALLARD, Defendants ----------------------------------------------------------------x And it is further ORDERED that the pleadings in the actions hereby consolidated shall stand as the pleadings in the consolidated action; and it is further ORDERED that the movant is directed to serve a copy of this order with notice of entry on the County Clerk (Room 141 B), who shall consolidate the papers in the actions hereby consolidated and shall mark his records to reflect the consolidation, and it is further 152911/2016 BALLARD, DAPHNE vs. EAN HOLDINGS LLC Motion No. 003 3 of 4 Page 3 of4 [*FILED: 4] NEW YORK COUNTY CLERK 10/05/2018 09:29 AM NYSCEF DOC. NO. 33 INDEX NO. 152911/2016 RECEIVED NYSCEF: 10/05/2018 ORDERED that movant is directed to serve a copy of this order with notice of entry upon the Clerk of the Trial Support Office (Room 158), who is ~ereby directed to mark the court's records to reflect the consolidation; and it is further ORDERED that discovery in this action is to proceed expeditiously; and it is further ORDERED that counsel for all parties are directed to appear for a preliminary conference at 80 Centre Street Room 103, New York, NY, on January 17, 2019, at 9:30am; and it is further ORDERED that within 30 days of entry, defendants shall serve a copy of this decision/order upon all parties with notice of entry. This constitutes the decision of the Court. ADAM SILVERA; J.S.C. CHECK ONE: CASE DISPOSED GRANTED NON-FINAL DISPOSITION D DENIED GRANTED IN PART APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT 152911/2016 BALLARD, DAPHNE vs. EAN HOLDINGS LLC Motion No. 003 4 of 4 D D OTHER REFERENCE Page 4 of 4

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